Baptist Care (SA) Incorporated

[2013] FWCA 2166

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Baptist Care (SA) Incorporated
(AG2013/794)

BAPTIST CARE (SA) INC ENTERPRISE AGREEMENT 2013-2015

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 10 APRIL 2013

Application for approval of the Baptist Care (SA) Inc Enterprise Agreement 2013-2015 .

[1] An application has been made for approval of an enterprise agreement known as the Baptist Care (SA) Inc Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Baptist Care (SA) Incorporated. The Agreement is a single-enterprise agreement.

[2] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] On 8 April 2013, I wrote to the parties to seek clarification about aspects of the agreement.

[4] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[5] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2013 . The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Baptist Care (SA) Incorporated, sought approval of the Enterprise Agreement 2013-2015 from the Fair Work Commission. The dispute arose from the negotiation process and terms of the agreement between the applicant and the union representing the employees. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements and was in the best interests of the employees.

The central legal issue before the Commission was whether the Enterprise Agreement 2013-2015 complied with the Fair Work Act 2009. This involved assessing the negotiation process, the terms and conditions proposed, and whether the agreement was in the best interests of the employees. The Commission also needed to determine if the agreement met the requirements for a "certified agreement" under the Act.

In its decision, the Fair Work Commission found that the negotiation process was compliant with the statutory requirements. The Commission examined the terms and conditions of the agreement, noting that they were fair and balanced, and met the needs of both parties. The Commission concluded that the agreement was in the best interests of the employees, as it provided reasonable and fair terms for their employment. Consequently, the Commission approved the Enterprise Agreement 2013-2015, certifying it as a valid agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established